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FARM DEBT MEDIATION ACT 2011 (NO. 42 OF 2011)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
4. Meaning of satisfactory mediation
5. Application of Act
6. Enforcement action in contravention of Act void
7. Relationship with other Acts
PART 2--AVAILABILITY OF MEDIATION
Division 1--Availability of mediation
8. Notice of availability of mediation to be given
9. Farmer may request mediation
10. Creditor may agree to or refuse mediation
11. Referral of mediation by Department
12. Enforcement action postponed to allow for mediation
Division 2--Prohibition certificate
13. Application by farmer for issue of prohibition certificate
14. Issue of prohibition certificate
Division 3--Exemption certificate
15. Application by creditor for issue of exemption certificate
16. Issue of exemption certificate
17. Creditor may satisfactorily mediate without forgiving or reducing farm debt
18. Calculation of period of exemption certificate
Division 4--General
19. When is a farmer or creditor presumed to have refused to mediate?
PART 3--THE SMALL BUSINESS COMMISSIONER AND MEDIATION
Division 1--The Small Business Commissioner and mediators
20. Functions of the Small Business Commissioner
21. Functions of mediators
Division 2--The mediation process
22. Referral of farm debt disputes for mediation
23. Conduct of mediation
24. Mediation session fee
25. Costs of mediation
26. Confidentiality of mediation
27. Disclosure of information
PART 4--GENERAL
28. Resulting agreement to reflect agreement reached by parties at mediation
29. Contracting out prohibited
30. Waiver of rights void
31. Notices by mortgagee
32. Manner of giving notices
33. Date notice or other document is given
34. Offences by bodies corporate
35. Commencement of criminal proceedings
36. Regulations
37. Transitional provision
ENDNOTES
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